To make outdoor dining safe for everyone, a permit is required under the Activities Local Law 2024. These permits allow for temporary furniture, umbrellas, planters and more, and come with conditions to abide by.
Find details below on how to apply for an outdoor dining permit. There are a number of resources to help you determine if your business is eligible and advise you of best practices to follow.
Check if you are eligible
Your business may be eligible for an outdoor dining permit if:
- You have a lawfully existing ground floor food premises (cafe or restaurant) with indoor dining and a street frontage.
- You have a ‘working kitchen’ or food preparation area (liquor only establishments are not eligible).
- The premises has a clear and unobstructed view of the outdoor dining area from the inside to ensure effective monitoring.
- You have consulted with residents and neighbouring businesses if they will be impacted.
- You have public liability insurance for $20 million.
- You meet all the requirements detailed in the outdoor cafe guide.
- You have a suitable area within the building to store outdoor dining furniture at the close of each day's trade.
- You (the permit applicant) either own or manage the business i.e. you are someone we can talk with about making sure your outdoor dining area meets the requirements.
For full eligibility criteria, review the outdoor cafe guide (PDF 4.6 MB) and parklet specifications (DOC 12 MB).
If you are a new business or have recently purchased an existing business which does not have an existing permit, you will need to start an online application.
Log into your registered account or create account
You’ll need to attach supporting documents as part of your application and pay the application fee. Application fees are not refundable or transferable.
You’ll see a permit fee estimate on the fee summary page which you do not pay at this time. We will assess your application and confirm the permit fee required.
Footpath permit applications can take 20 to 30 business days to be issued, and parklet permit applications can take between 30 to 45 business days, subject to the quality of supporting documents and information provided.
If you have recently purchased an existing business with an existing permit, or wish to make changes to your existing permit, you can submit a permit amendment.
Apply or amend an outdoor dining (footpath) permitOpens in new tab
Apply or amend an outdoor dining (parklet) permitOpens in new tab
Supporting documentation and photos
You will need to provide certain documents depending on the type of infrastructure you wish to include in your permit application. Details can be found in the documents listed in the ‘Resources’ tab at the top of this webpage.
Refer to the Outdoor cafe guide (PDF 4.7 MB) for information on:
- Tables and chairs (page 32)
- Screens (page 34)
- Umbrellas (page 38 to 40)
- Menu boards (page 42)
- Gas heaters (page 43)
- Planter boxes (page 44)
Site plan
Your application must include a site plan showing the outdoor dining area layout with proposed furniture and equipment. Please refer to the site plan requirements (DOCX 372 KB) for an outline of the requirements and examples of a site plan.
Additionally, for parklet permits:
- You must provide a detailed design of the parklet from a structural engineer.
- The site plan should extend 10 metres on either side of the parklet footprint.
Refer to the parklet specifications (DOCX 12 MB) for an outline of the requirements and examples.
Photos
Your application must include photos of the area and items included on your permit:
- Show the entire area where outdoor dining or parklet will be located.
- Show all furniture including tables, chairs, umbrellas, planter boxes, gas heaters and screens.
- For parklets, include the parking space, traffic conditions, location relative to buildings, adjacent properties, driveways, residential dwellings and existing features on the footpath.
Log in to your City of Melbourne Services account and navigate to the My Permits page. Application, amendment and renewal fees are not refundable or transferable.
Log into accountOpens in new tab
If your footpath permit was issued before 13 November 2022 or your parklet permit was issued before 4 December 2022 with a permit number OC xxx, follow the additional steps below:
- Create a City of Melbourne Services accountOpens in new tab if you don’t already have one.
- Start an application for either Outdoor dining (footpath) or Outdoor dining (parklet).
- Answer Yes to the question, ‘Have you held an outdoor dining (footpath) permit in the past 12 months?’
- Enter your existing permit number in the ‘What was your previous permit number?’ field. If you don’t know your previous permit number contact us on 9658 9658.
- Complete the rest of the questions on the application form.
- Attach all required supporting documents.
- Pay the application (amendment) fee and submit the application.
You’ll see a permit fee estimate on the fee summary page which you do not pay at this time. We'll review your amendment request and will request payment if additional space is required. Any permit fees that can be transferred from your original permit will be transferred. If the new fees are less than what has been paid, we will notify you that you can apply for a refund of the overpaid permit fees.
The full requirements and conditions are provided during the application process. Please read the permit conditions before you submit your application:
Permit fees
| Type of outdoor dining permit | Fee per square metre per year |
|---|---|
| On a footpath in the central city | $114 |
| On a footpath outside the central city | $35 |
| On a footpath in Docklands | $35 |
| In a parklet in the central city | $580 |
| In a parklet outside the central city and in Docklands | $134 |
| In non-standard locations such as median strips, nature strips and other spaces | $225 |
Fee to apply, amend or renew a permit
| Type of outdoor dining permit | Fee |
|---|---|
| On a footpath | $216 |
| In a parklet | $650 |
| In a non-standard location | $650 |
Note: The outdoor dining (non-standard location) application fee of $650 is paid in two stages. $216 is paid when applying, and the remaining $434 is paid after your application is assessed.
- Outdoor cafe guide (PDF 4.6 MB): covers the best practice design guidelines and requirements for establishing and managing outdoor cafes in public spaces within the City of Melbourne. Please note that the referenced Activities Local Law 1999 has since been updated to the Activities Local Law 2019.
- Outdoor dining guidelines (DOC 3.8 MB): details about the application process, assessment criteria and decision-making framework for approving applications and issuing a permit.
- Parklet specifications (DOC 12 MB): read about parklet infrastructure specifications and site-specific eligibility criteria.
- Outdoor dining parklet suppliers (DOC 65 KB): view list of suggested companies and contractors to construct parklet infrastructure.
- Site plan requirement (DOC 371 KB): each application must include a site plan. This document outlines the requirements and provides example site plans for footpath and parklet dining.
- Example letter of consent (DOC 49 KB): it is strongly recommended that applicants consult with, and seek consent from, neighbouring residents and businesses that may be impacted by the proposed outdoor dining area. You must provide consent from the Building Owner or Body Corporate and occupier if you wish to trade in front of a neighbouring business.
- Furniture reference guide (PDF 7.2 MB): a guide to outdoor furniture options. The suppliers listed are suggested but not officially endorsed by the City of Melbourne.
- Public liability insurance information: if you’re applying for a permit to conduct an activity in public space, you must have public liability insurance.
- Apply for a liquor licenceOpens in new tab: once received, your outdoor dining permit will help fast-track your liquor licence for your new or extended outdoor area.
- Get 'no smoking' signsOpens in new tab for your outdoor dining area. These must be displayed so customers are likely to see one or more signs when entering, or from within, the outdoor dining area.
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